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Juniven Rey S Umadhay LLB-1 LO1 ConLaw 1

Oposa v Factoran, 224 SCRA 792 (1993)

Facts

This case is unique in that it is a class suit brought by 44children, through their parents,
claiming that they bring the case in the name of “their generation as well as those
generations yet unborn.” Aiming to stop deforestation, it was filed against the Secretary
of the Department of Environment and Natural Resources, seeking to have him cancel
all the timber license agreements (TLAs) in the country and to cease and desist from
accepting and approving more timber license agreements. The children invoked their
right to a balanced and healthful ecology and to protection by the State in its capacity as
parens patriae

. The petitioners claimed that the DENR Secretary's refusal to cancel the TLAs and to
stop issuing them was "contrary to the highest law of humankind-- the natural law—
and violative of plaintiffs' right to self-preservation and perpetuation." The case was
dismissed in the lower court, invoking the law on non-impairment of contracts, so it
was brought to the Supreme Court on certiorari.

Issue

Did the children have the legal standing to file the case?

Ruling

Yes. The Supreme Court in granting the petition ruled that the children had the legal
standing to file the case based on the concept of “intergenerational responsibility”.
Their right to a healthy environment carried with it an obligation to preserve that
environment for the succeeding generations. In this, the Court recognized legal
standing to sue on behalf of future generations. Also, the Court said, the law on non-
impairment of contracts must give way to the exercise of the police power of the state in
the interest of public welfare.

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